USA Ahmed Abu Ali trial flawed by torture evidence

In a report published today, Amnesty
International concluded that the trial of US Citizen Ahmed
Abu Ali was flawed as it failed to consider evidence about
torture in Saudi Arabia.

According to Amnesty
International’s trial observation and court documents, the
jury was not allowed to hear evidence supporting claims by
Ahmed Abu Ali that his videotaped confession, on which the
prosecution relied almost exclusively, had been obtained
following torture in Saudi Arabia. Ahmed Abu Ali says that
he was flogged and beaten by the Ministry of Interior’s
General Intelligence (al-Mabahith al-Amma) security service
and forced to "confess" while held in prison in Saudi
Arabia, with the apparent knowledge of US officials.

"Its
is seriously concerning that the trial of Ahmed Abu Ali may
set a precedent in US courts of by which statements obtained
by torture and ill-treatment are accepted as evidence," said
Susan Lee, Amnesty International’s Americas Programme
Director.

During the trial, general statements from Saudi
Arabian officials were used to undermine Ahmed Abu Ali's
allegations whilst his defence lawyers were not allowed to
present any evidence pertaining to Saudi Arabia's human
rights record on torture or on the record of the al-Mabahith
al-'Amma.

"Equality of arms before the court is a
fundamental principle of fair trial standards. The apparent
absence of this fundamental right in Ahmed Abu Ali’s trial,
especially where it considerably weakens a defendant’s
ability to prove that his confession was obtained through
torture, has cast a dark shadow over the fairness of the
trial," said Ms. Lee,

Judge Gerald Bruce Lee ruled that
only evidence that related directly to Ahmed Abu Ali's
interrogation would be admissible, thus denying the defence
the opportunity to present relevant contextual evidence.
Judge Lee had ruled during pre-trial proceedings that the US
government had shown by a "preponderance of evidence" that
the statements made by Ahmed Abu Ali in Saudi Arabia were
"voluntary", and that his incriminating statements were
admissible at trial.

During the trial, the Judge also
refused to hear testimony from two UK nationals who were
held in al-Ha'ir prison at the same time as Ahmed Abu Ali
and who have said that they had earlier been tortured into
confessing to terrorist offences. One of these men , William
Sampson described in detail to Amnesty International the use
of torture and torture techniques, similar to those
described by Ahmed Abu Ali, during his detention in Saudi
Arabia.

In its entry on Saudi Arabia, the 2004 US State
Department country human rights report notes: "Ministry of
Interior officials were responsible for most incidents of
abuse of prisoners, including beatings, whippings, and sleep
deprivation. In addition, there were allegations of beatings
with sticks and suspension from bars by handcuffs. There
were allegations that these practices were used to force
confessions from prisoners."

The decision to bar any
evidence regarding torture in Saudi Arabia or from survivors
of torture in Saudi Arabia, despite the US State
Department’s own findings tallying with the specific
allegations made by Ahmed Abu Ali, is certainly
questionable. The jury was left to make judgements on the
torture allegations without any recourse to expert
contextual information.

Whilst the defence was barred from
producing general statements and evidence regarding patterns
of torture in Saudi Arabia, general statements from Saudi
Arabian officials were permitted. The jury heard, for
instance, statements from Saudi officials, known only as the
"General" and the "Captain" who asserted that the Mabahith
al-Amma in particular and Saudi Arabia in general prohibit
torture and do not practice it.

Background Information
Ahmed Abu Ali was convicted on 22 November of 9 counts of
conspiracy to commit acts of terrorism, including plotting
with al-Qa’idaoperatives to assassinate President Bush.

Amnesty International observed the trial, that took place
in the US state of Virginia, from 7 to 10 November.

To our readers - Your support is pivotal to achieving a strong and sustainable future for independent news media in New Zealand. Help us fund more public interest and investigative journalism.
Become a Supporter

To professionals - Based on our Ethical Paywall model, professional 'at work' users of Scoop need to have a licence. This keeps Scoop open, and licensed users enjoy additional benefits.
More about Licensing

Amnesty: The Myanmar authorities’ restrictions on international aid in Rakhine state is putting tens of thousands of lives at risk in a region where mainly Rohingya people are already suffering horrific abuses from a disproportionate military campaign. More>>

With a bit of luck the planet won’t be devastated by nuclear war in the next few days. US President Donald Trump will have begun to fixate on some other way to gratify his self-esteem – maybe by invading Venezuela or starting a war with Iran. More>>